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So, I'm in this discussion with some folks about Rand Paul, talking about Obama trying to overreach with his 23 executive orders, and the one in particular I believe is Number 16,  "Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes."  
And they send this section of the ACA, which I have posted below...

Apparently this was taken from an article in Forbes Magazine.

It seems pretty clear, but then again I'm not at all familiar, so anyone care to enlighten me. I doubt that Obama and his staff would overlook this.

That’s right—it turns out that there is, indeed, a provision buried deep in the thousands of pages that is the Affordable Care Act entitled, “Protection of Second Amendment Rights”. You’ll find it in Section 2716 part c of the Affordable Care Act...


‘‘(1) WELLNESS AND PREVENTION PROGRAMS.— A wellness and health promotion activity implemented under subsection (a)(1)(D) may not require the disclosure or collection of any information relating to—

‘‘(A) the presence or storage of a lawfully- possessed firearm or ammunition in the residence or on the property of an individual; or

‘‘(B) the lawful use, possession, or storage of a firearm or ammunition by an individual.

(2) LIMITATION ON DATA COLLECTION.—None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used for the collection of any in- formation relating to—

‘‘(A) the lawful ownership or possession of a firearm or ammunition;

‘‘(B) the lawful use of a firearm or ammunition; or

‘‘© the lawful storage of a firearm or ammunition.

‘‘(3) LIMITATION ON DATABASES OR DATA BANKS.—None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used to maintain records of individual ownership or possession of a firearm or ammunition.

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Comment Preferences

  •  Well isn't that interesting. (0+ / 0-)

    **Your beliefs don't make you a better person, your behavior does** h/t Clytemnestra/Victoria Jackson

    by glorificus on Fri Jan 18, 2013 at 07:21:15 AM PST

  •  The key word is "require". (2+ / 0-)
    Recommended by:
    Cedwyn, elmo

    Just because something is not "required" doesn't mean it is "prohibited".

    And just because something shall not be "construed to authorize" does not mean it's not authorized elsewhere.

    We were not ahead of our time, we led the way to our time.

    by i understand on Fri Jan 18, 2013 at 07:23:38 AM PST

  •  Here's the jist of it (0+ / 0-)

    Previous to this amendment, doctors could ask if you had a firearm, and if so, report it to insurance companies, who would in turn raise your premiums as you and your family are now at a higher risk of injury or death.

    Obama clarified that Doctors could still ASK whether or not you had a gun in your home, for safety reasons (which include hearing loss and child safety) however they are still not allowed to report it to your insurance company.

    Some doctors read the above amendment, and thought they were prohibited from even asking about guns.

    95% of all life forms that once existed on earth are now extinct. It is only a matter of time until the Republicans follow suit.

    by PRRedlin on Fri Jan 18, 2013 at 07:26:25 AM PST

    •  Really? (0+ / 0-)

      Worked in Property/Casualty insurance for years and never heard of this.

      •  I think it was more of a perceived fear (0+ / 0-)

        by the NRA.  But again this is how they operate.  Put in the amendment IN CASE it could happen sometime ever.

        I'm sure it has happened, if say someone mentions that they have a 30x30 cache of ammunition and assault rifles, etc. ,but I doubt it was widespread.  Nonetheless, NRA wanted the amendment and got it.  So the statement by Obama was just to clarify, as many doctors reading it thought it meant they were no longer aloud to ask about gun ownership.

        95% of all life forms that once existed on earth are now extinct. It is only a matter of time until the Republicans follow suit.

        by PRRedlin on Fri Jan 18, 2013 at 07:59:47 AM PST

        [ Parent ]

  •  yes, the provision is there (0+ / 0-)

    but it doesn't mean what those people are telling you it does, which is why obama had to issue a clarification, sadly.

    anyhoo, it's in the second half of that diary.

    Please don't dominate the rap, Jack, if you got nothin' new to say - Grateful Dead

    by Cedwyn on Fri Jan 18, 2013 at 07:41:20 AM PST

  •  Well, further in the Forbes article, author cites (0+ / 0-)

    how Justice would actually enter the fray...

    I think all would agree that should the President resolve to use his executive powers to create a data base or any other regulatory provision, it is far more likely that such regulation would fall within the ambit of the Justice Department—not Health & Human Services—and nothing in the ACA prevents such data collection, or any other regulatory efforts, which would fall outside the limited jurisdiction created in Obamacare with respect to firearms.
  •  Forbes is conning their readers (0+ / 0-)

    The ACA does not "require" a patient from disclosing whether they own a gun ... so what ... who cares.

    The doctor is not prohibited from asking.

    My kid's pediatrician asked me if there was a gun in our house and I said, "yes" and then the doctor gave me a pamphlet on gun safety suggestions in a home with children.

    President Obama is not proposing that doctors create a national registration of gun owners.  Forbes is giving their readers red meat .... nothing more.

    It is no big deal.

    By the way, even if the ACA prohibited docs from asking about guns in the home, when new legislation is written, it can override and end what a current law says.

  •  It was Blue Dog NRA Democrats' demand (1+ / 0-)
    Recommended by:
    elmo order to let the ACA go forward, just like Bart Stupak holding it hostage for the anti-abortion crowd.

    50 states, 210 media market, 435 Congressional Districts, 3080 counties, 192,480 precincts

    by TarheelDem on Fri Jan 18, 2013 at 08:38:47 AM PST

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